The Board denied increased ratings for degenerative arthritis of the lumbar spine and radiculopathy of the right lower extremity, but granted service connection for obstructive sleep apnea (OSA) as secondary to weight gain caused by service-connected psychiatric and musculoskeletal disabilities.
The deciding factor: The evidence supported that the Veteran's OSA was caused by obesity resulting from his service-connected disabilities, while there was no evidence of a higher rating based on limitation of motion or other factors for the lumbar spine and radiculopathy conditions.
- Claimed conditions
- Degenerative arthritis of the lumbar spine, Radiculopathy of the right lower extremity, Obstructive sleep apnea (OSA)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 1, 2021
- Citation
- 21061370
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
- Denied
The Board denied increased ratings for various disabilities and granted earlier effective dates for service connection of scars, but denied an earlier effective date for individual unemployability.
- Granted
The Board granted service connection for a lumbar spine disability, finding that the Veteran's current degenerative arthritis of the lumbar spine is related to an in-service bicycle accident.
- Dismissed
The appeals for service connection for right ear hearing loss and a compensable evaluation for left ear hearing loss were dismissed as the Veteran withdrew his appeals at a December 2024 Board hearing. The remaining claims are being remanded for further development.
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